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(영문) 대구지방법원 2014.03.14 2014고합16
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2013, at around 00:40 on December 9, 2013, the Defendant: (a) stated that the Defendant was boarding the E-si driven by the victim D on the front of the Daegu Northern-gu C Building and expressed that “I will see why you will return to a string place, she will be able to sing down, she will be able to do so?” (b) while taking the face of the victim in the taxi operation, the Defendant was suffering from a satfe disorder requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order [the scope of punishment] - one year and six months to fifteen years [the decision of a sentence] violence, assault crime, driver's injury (special person): Reduction element: Minor injury, and not subject to punishment / [the scope of the recommended sentence] Special mitigation element / [the scope of the recommended sentence] 5-2 years [the amount of reduction element] imprisonment for five months to two years [the amount of reduction element] - The serious one reason for major participation [whether or not a sentence of suspension of execution of execution of not more than five years or not less than three times] - Major reasons for major participation [the amount of punishment] - In a case where minor injury, crime committed - General participation reason for writing (unlawful reasons): Where the driver of a vehicle in operation is the victim : contingent crime, serious radius / [the decision of imprisonment] 1 year and six years, and the possibility of additional injury to the defendant who is under suspension of execution of the community service order may be criticized by the defendant.

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